Health Act 1956

Administration - Ministry of Health

7A: Medical officers of health and other officers

You could also call this:

"Who helps keep New Zealanders healthy and safe: medical officers and other health workers"

The Director-General chooses people to be medical officers of health when they are needed. You need to be a medical practitioner with the right qualifications and experience in public health medicine to be a medical officer of health. The Director-General decides which area a medical officer of health can work in.

The Director-General also chooses people to be health protection officers when they are needed. The Director-General can give people other jobs and responsibilities under laws that the Ministry of Health is in charge of. When the Director-General gives someone a job, they can decide the terms and conditions of that job.

If a medical officer of health or other officer needs to believe something is true to do their job, they can do it if the Director-General tells them to, as long as the Director-General believes it is true. A medical officer of health can do their job in any area, not just the one they were assigned to, when it comes to finding people who have been in contact with someone who is sick. The Director-General can take away someone's job as a medical officer of health or health protection officer.

Before the Director-General takes away a medical officer of health's job, they must talk to the Director of Public Health. The Director-General makes these decisions to help keep people healthy and safe.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306518.

7: Principal functions of Department, or

"Main jobs of the Ministry of Health department"

8: Conservation of public health in areas outside jurisdiction of local authorities, or

"Ministry keeps you healthy in areas without local councils"

Part 1Administration
Ministry of Health

7AMedical officers of health and other officers

The Director-General shall from time to time designate as medical officers of health such persons as, in the opinion of the Director-General, are required.
Each such person designated as a medical officer of health shall be a medical practitioner suitably qualified and experienced in public health medicine.
The Director-General shall, at the time of designation of a medical officer of health, determine the health district or health districts within which the powers and duties of that medical officer of health may be exercised or performed.
The Director-General shall from time to time designate as health protection officers such persons as, in the opinion of the Director-General, are required.
Notwithstanding any other enactment, the Director-General may from time to time designate, as officers who have functions, duties, or powers under any enactment administered by the Ministry that is specified in the designation, such persons as, in the opinion of the Director-General, are required.
Any designation by the Director-General under this section of any person as a medical officer of health, health protection officer, or other officer may be made on such terms and conditions as the Director-General considers appropriate; and that person shall exercise the functions, duties, and powers of that office in accordance with any direction of the Director-General.
Where by virtue of any enactment, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by a medical officer of health, health protection officer, or other officer designated by the Director-General, it shall be sufficient if that officer exercises that power at the direction of the Director-General (or any other person designated by the Director-General for the purposes of this subsection) so long as, at the time of giving the direction, the Director-General or other person held such a belief in that state of affairs.
A medical officer of health for any health district may perform or exercise in that or any other health district any of the functions, duties, or powers of a medical officer of health that relate to contact tracing.
To avoid doubt, the Director-General may revoke a designation of a person as a medical officer of health or health protection officer under this section.
The Director-General must consult the Director of Public Health before revoking a designation of a medical officer of health.

Notes

Section 7A: inserted, on 1 July 1993, by section 4 of the Health Amendment Act 1993 (1993 No 24).
Section 7A(2): replaced, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
Section 7A(8): inserted, on 4 January 2017, by section 5 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 7A(9): inserted, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Section 7A(10): inserted, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).